Vacation - Alley - First Noth/South alley east of N. Spruce from Colfax to Colfax

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ti _ ORDINANCE NO. 9~ '~ / . AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first north/south alley east of N. Spruce Street from the south right-of--way of W. Colfax Avenue to the north right-of--way of the first east/west alley south of W. Colfax Avenue for a distance of approximately 198 feet in length and a width of 14 feet. Part located in Commissioner's Sub of Bank Outlot 79, South Bend, St. Joseph County, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12 ,the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. THE COMMON COUNCIL OF THE CITY OF SOUTH BEND HAVING HELD A PUBLIC HEARING ON THE PETITION TO VACATE THE FOLLOWING PROPERTY: The first north/south alley east of N. Spruce Street from the south right-of--way of W. Colfax Avenue to the north right-of--way of the first east/west alley south of W. Colfax Avenue for a distance of approximately 198 feet in length and a width of 14 feet. Part located in Commissioner's Sub of Bank Outlot 79, South Bend, St. Joseph County, Indiana. HEREBY DETERMINES THAT IT IS DESIRABLE TO VACATE SAID PROPERTY. SECTION II. THE CITY OF SOUTH BEND HEREBY RESERVES THE RIGHTS AND EASEMENTS OF ALL UTILITIES AND THE MUNICIPAL CITY OF SOUTH BEND, INDIANA TO CONSTRUCT AND MAINTAIN ANY FACILITIES, GAS, WATER, SEWER, SURFACE WATER, CONTROL STRUCTURES AND DITCHES, WITHIN THE VACATED RIGHT-OF-WAY, UNLESS SUCH RIGHTS ARE RELEASED BY THE INDIVIDUAL UTILITIES. SECTION III. THE FOLLOWING PROPERTY MAY BE INJURIOUSLY OR BENEFICIALLY AFFECTED BY SUCH VACATING: 18-1044-1900 LOT D CONIM SUB OF BOL 79 2ND REPEAT: (1218 Colfax) 18-1044-1902 LOT G COMM SUB OF BOL 79 2ND REPEAT: (122 Spruce) 18-1040-1744 LOT 40 ROCKAFELLER'S ADD: (1216 Colfax)